It’s a real ethics poop-poop platter…
1. Red Sox lousy start ethics. Boston Red Sox starting ace Chris Sale, widely regarded as one of the top two or three pitchers in baseball who signed a rich multi-year extension with the team right before the season began, lost his fourth straight start yesterday to begin the season. He told reporters, “This is flat-out embarrassing. For my family, for our team, for our fans. This is about as bad as it gets. Like I said, I have to pitch better…It sucks. I’m not going to sugarcoat it. I just flat-out stink right now.”
2. The Hollywood writers vs agents mess. I haven’t posted on this because I can’t find a copy of the controversial “Code of Conduct” that the agents refuse to sign. I also need to bone up on the agency laws in New York and California. This article is a good summary of the show-down. Regarding the question of conflicts of interest in the practice of “packaging” and agents going into the production business, , however, it seems clear that the writers have the better arguments. From the article:
Packaging is a decades-old practice under which agencies may team writers with other clients from their stables for a given project. With packaging fees, an agent forgoes the usual 10 percent commission fee paid to them by individual clients; in its place, they are paid directly by the studio….The writers argue that agencies violate their fiduciary obligations to their clients when they make money from studios instead of from the people they are representing. The practice of accepting packaging fees, the writers say, allows the agencies to enrich themselves at the writers’ expense when they should be using their leverage to get more money for writer-clients.
Any time an agent gets paid by the party the agent is supposed to be negotiating with, that’s a textbook conflict. I’m amazed the agents have been getting away with this practice for so long. As for the production deals…
There are agency-affiliated companies that have moved into the production business — and this does not sit well with the writers unions. W.M.E., for instance, has an affiliate company called Endeavor Content. It was formed in 2017 and is a distributor of the show “Killing Eve,” as well as a producer of an epic drama coming from Apple TV Plus called “See.” C.A.A. also has an affiliate: Wiip. It is a producer of “Dickinson,” a comedy series that is also part of the Apple rollout scheduled for the fall. United Talent Agency is also getting in on production, with an affiliate called Civic Center Media. It has teamed up with M.R.C., the producer of “House of Cards,” to make new shows.
The agencies have argued that these affiliates are artist-friendly studios that will help writers, because they add to the number of potential buyers — which means more competition for writers’ services and bigger paychecks. The writers have said that agencies have a conflict of interest when they act as studios. How, they ask, can an agent represent you and also be your boss?
Bingo. The short and easy answer is “They can’t.”
Stay tuned… Continue reading